Green's Bank v. Wickham
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Daniel Dillon, Judge. The circuit court did not acquire jurisdiction over the defendant or the subject matter of the action. Fithianv.
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Appeal from the St. Louis Circuit Court, Daniel Dillon, Judge. The circuit court did not acquire jurisdiction over the defendant or the subject matter of the action. Fithianv. Monies et at., 43 Mo. 515; Bliss v. Smith, 78 111. 359; • Drake on Attachments, sect. 474. The judgment against the defendant was irregular and void for want of jurisdiction of the subject matter; it was the duty of the garnishees to resist a judgment; against them for a debt which was not the subject of garnishment. Drake on Attachment, sect. 696; Thayer v. Tyler, 10 Gray, 164; Smith v. MeCutchin, 38 Mo. 415. No…
1Opinion of the CourtRombauer, J.
The plaintiff instituted suit by attachment against one Hudnall, and caused the defendants to be summoned as garnishees. The garnishees in answer to interrogatories propounded stated that Hudnall was their traveling salesman on a monthly salary, which he always drew in advance on the day it was due; that they owed him nothing and held no property belonging to him in their hands.
The plaintiff denied this answer, charging, among other things, that the garnishees were indebted, at the date of the service of the garnishment, to Hudnall in the sum of three hundred dollars, and paid him between…
2Cases cited9 opinions
- Williams v. . IngersollNew York Court of Appeals · 1882
- Hamilton v. BoggessSupreme Court of Missouri · 1876
- Tingley v. BatemanMassachusetts Supreme Judicial Court · 1813
- Gaines v. FenderSupreme Court of Missouri · 1884
- Green v. Farmers & Citizens' BankSupreme Court of Connecticut · 1857
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3Cited by11 opinions
- Wyeth Hardware & Manufacturing Co. v. H. F. Lang & Co.Supreme Court of Missouri · 1895
- State Ex Rel. Fielder v. KirkwoodSupreme Court of Missouri · 1940
- Wyeth Hardware & Manufacturing Co. v. H. F. Lang & Co.Missouri Court of Appeals · 1893
- Keating v. American Refrigerator Co.Missouri Court of Appeals · 1888
- Fielder v. JessupMissouri Court of Appeals · 1887
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